What Is a Medical Malpractice Claim?

A medical malpractice case involves the patient complaining of negligence by a healthcare worker. The patient, or his or estate in the instance of a deceased patient, must establish that the negligence caused injury or harm.

In general, lawsuits that claim medical negligence are filed in state court. The aggrieved patient must prove four legal elements to win the case:

Duty of care

To prove a legal claim, the plaintiff must demonstrate that he/she was obliged to perform a task by a third party and that they failed to meet it. In medical malpractice law firm malpractice cases this is the responsibility of medical professionals to provide the highest standard of care to their patients. This is usually determined through expert testimony.

Expert witnesses can assist in determining the appropriate standards of medicine and then explain the ways in which a physician has deviated from these standards in treating the patient. A medical malpractice lawyer for a plaintiff must then prove that the deviation was directly accountable for the injury of the victim.

Expert testimony is crucial since jurors typically are not aware of anatomy, and they watch many medical malpractice attorney dramas. In medical malpractice claims this is especially important as it is often difficult to establish the appropriate standard of care. In a medical malpractice lawsuit the standard refers to the level of expertise, quality of care and level of diligence that other doctors with similar specialties possess in similar circumstances.

Typically, Medical Malpractice Lawyer experts in medical malpractice claims are surgeons or physicians who have the same training and board certifications. It can be difficult to locate an expert willing to testify against substandard treatment because of the "conspiracy" of silence among doctors.

Breach of duty

If a doctor makes an error that hurts the patient, this is medical malpractice. These mistakes can lead to new injuries or even worsen existing ones. Medical malpractice claims can be difficult to prove since they are based on complicated laws and issues. However, a qualified medical malpractice lawyer will analyze the circumstances of your case and determine if the doctor has breached his or her obligation to the patient.

Your attorney will establish a doctor/patient relationship between you and your doctor, which is necessary for any malpractice claim. Your attorney will examine your doctor's actions and decisions to determine whether the standards of care in your state for doctors who have similar training, experience and geographical location is satisfied.

Physicians are required by their patients to observe these standards without deviation or omission. If they violate this duty, it means that the doctor was not able to meet those standards and caused injury to you.

Proving the breach of duty is typically straightforward with the help of your attorney's research and expert witnesses. Experts can testify to why the doctor's actions do not meet the standard of care and also explain why a different medical professional in similar circumstances would have acted differently. Your lawyer should also be able to link the breach of duty to your injuries and damages. Your lawyer will examine your medical records, test results, prescriptions and medical malpractice lawyer imaging scans to create an argument that the breach of duty committed by your physician directly contributed to your injuries.

Causation

Most treatments come with some degree of risk, however medical errors can exacerbate those dangers. To prove causality in a malpractice case an injured patient must demonstrate a direct link between the negligence alleged and the injury. In many instances this requires expert testimony and the assistance of a medical malpractice lawyer.

For example, not diagnosing a condition or a serious illness is a frequent medical error. A doctor's failure to diagnose cancer or other conditions, can have serious consequences for patients. In this scenario, the patient may experience unneeded suffering, or even death. The doctor may have committed a malpractice by not diagnosing the issue properly.

The process of proving that your doctor or hospital was negligent in treating you can be complicated and time-consuming. The evidence needed may include various sources, including medical reports and test results, as and expert witness testimony and oral depositions. Your lawyer can assist you locate and interpret this evidence, as well as assist you during the deposition process.

It is important to note that only healthcare professionals are liable for malpractice. Doctors and nurses, in contrast to receptionists at medical centers, are expected to adhere to current standards of care. This means that a medical professional should be able to foresee consequences based on their skills and knowledge.

Damages

In medical malpractice cases the courts are able to determine monetary damages that are intended to compensate the victim. These damages can include past or future medical bills and lost wages in the event of pain and discomfort disfigurement or loss of enjoyment living. Punitive damages can be awarded in certain circumstances. They are only awarded to egregious acts that society wants to deter.

A medical malpractice case begins by filing in court of a civil summons. The parties follow up with discovery. This is a procedure which requires the plaintiff and defendants to take oaths to make statements. This could involve requesting the exchange of documents, such as medical records, taking depositions from parties who are involved in the lawsuit, and conducting interviews with witnesses.

In a medical malpractice claim it is essential to prove that the doctor was legally bound to provide care and treatment to the patient. The other element to prove is that the doctor did not fulfill that duty by failing to adhere to the medical standard of care. The third aspect is whether the breach caused injury to the patient.

It is vital to be aware that the statutes of limitations (the legally-defined time period within which an action for medical malpractice has to be filed) vary from state the state. In New York, the statute of limitations is two years and six months (30 months) from the date which the underlying act of medical malpractice occurred.